Jonathan M. Baker

Published Bid Protest Decisions

Representing Protester

• Won protest of $8 billion Defense Logistics Agency contract for the supply and distribution of subsistence products to locations within Afghanistan. Supreme Foodservice GmbH, B-405400.3, et al., Oct. 11, 2012, 2012 CPD ¶ 292.
• Successfully overturned military agency's decision to proceed with contract performance in the face of a GAO protest. Supreme Foodservice GmbH v. United States, 109 Fed. Cl. 369 (2013).
• GAO sustained protest filed by Crowell & Moring, finding that CMS failed to (1) conduct a reasonable evaluation of the awardee's proposed labor costs; (2) respond to the protester's challenges to the technical evaluation; and (3) produce documentation or otherwise explain how it evaluated the relevance of each offeror's past performance. TriCenturion, Inc.; SafeGuard Sys., LLC, B-406032, et al., Jan. 25, 2012.
• Successfully protested Department of State task order award under the Federal Supply Schedule for vehicle and cargo inspection systems where awardee included price for non-schedule items in the price of schedule items. Rapiscan Systems, Inc., B-401773, et al., Mar. 15, 2010.

Representing Contract Awardee/Intervener

• Defended the FAA's award of an $81 million contract to modernize information systems throughout the National Airspace System. Exelis, Inc., 15-ODRA-00727.
• Defeated protest of the Department of the Navy's $3.5 billion award for Next Generation Enterprise Network IT services. Harris IT Servs. Corp., B-408546.2, Oct. 31, 2013, 2013 CPD ¶ 245.
• Beat protest of $320 million contract award made by the Centers for Medicare and Medicaid Services for the establishment of a centralized coordination of benefits and Medicare secondary payer recovery operation. IntegriGuard, LLC d/b/a HMS Federal, B-407691.3, B-407691.4, Sept. 30, 2013, 2013 CPD ¶ 241.
• Successfully defended protest of $330 million Centers for Medicare and Medicaid Services award for Medicare administrative contractor services. Wisconsin Physicians Service Insurance Corp., B-401068.14 et al., Jan. 16, 2013, 2013 CPD ¶ 34.
• Successfully defended the Department of the Army's $450 million award for the technology development phase of the Ground Combat Vehicle/Infantry Fighting Vehicle program. Science Applications Int'l Corp., B-405612, et al., Dec. 5, 2011, 2011 CPD ¶ 8.
• Successfully defended U.S. Coast Guard award to a C&M client for a $40 million design/build construction project. TtEC-TESORO, JV, B-405313 et al., 2012 CPD ¶ 2 (Oct. 7, 2011).
• Successfully defended a Department of Homeland Security, Customs & Border Protection award of an approximately $25 million contract for mobile X-ray systems. Smiths Detection, Inc.; Am. Sci. & Eng'g, Inc., B-402168.4, et al., Feb. 9, 2011.
• Successfully defended an approximately $80 million Department of the Army award for the production of M67 fragmentation hand grenades where two protesters challenged the agency's technical evaluations and conduct of discussions. Martin Elecs., Inc.; AMTEC Corp., B-404197, et al., Jan. 19, 2011.
• Successfully defended over $240 million Department of Health & Human Services award for health insurance benefit administrative services against numerous challenges to the agency's technical, past performance, and cost evaluations and conduct of discussions.Highmark Medicare Servs., Inc.; Cahaba Gov't Benefit Adm'rs., LLC, Nat'l Gov't Servs., Inc., B-401062.5, et al., Oct. 29, 2010.

Claims & Investigations

• Represented major defense contractor in connection with contractor's claim for indemnification for environmental remediation costs and toxic tort litigation expenses.
• Represented major defense contractor in investigation regarding potential export violations.
• Represents contractors in connection with government investigations with potential False Claims Act implications.